Neutral Citation No. - 2024:AHC-LKO:44473-DB
Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 4611 of
2024
Petitioner :- Vipin Bihari Pandey @ Bipin Bihari Pandey And
Another
Respondent :- State Of U.P. Thru. Prin. Secy. Home Civil
Secrt. Lko. And Others
Counsel for Petitioner :- S.K. Singhaniya
Counsel for Respondent :- G.A.
Hon'ble Attau Rahman Masoodi,J.
Hon'ble Ajai Kumar Srivastava-I,J.
1. Heard Sri S.K. Singhaniya, learned counsel for the
petitioners, learned A.G.A. appearing for the opposite party
nos.1 to 3.
2. The punishment for the offences mentioned in the impugned
F.I.R. is less than seven years.
3. Issuance of notice to the opposite party no.4 is dispensed
with.
4. This petition seeks issuance of direction in the nature of
certiorari for quashing the impugned F.I.R. dated 04.06.2024
registered as FIR No.0136 of 2024, under Section 420 IPC at
Police Station - Aliganj, District - Lucknow.
5. Learned Additional Government Advocate looking to the
gravity of punishment being less than seven years has stated
that the provisions of Section 41-A Cr.P.C. shall be strictly
followed in terms of judgment rendered by Hon'ble Supreme
Court of India in a case reported in (2014) 8 SCC 273: Arnesh
Kumar vs. State of Bihar and another.
6. The present petition deserves to be disposed of in terms of
the statement made by learned AGA.
7. Accordingly, this petition is disposed of in view of the
provisions of Section 41-A Cr.P.C. and the law as laid down by
Apex Court in the case of Arnesh Kumar (supra).
[Ajai Kumar Srivastava-I,J.] [Attau Rahman Masoodi,J.]
Order Date :- 28.6.2024 /KR
Digitally signed by :-
RABINDRA KUMAR
High Court of Judicature at Allahabad,
Lucknow Bench